Does "physically present" mean the whole day?

[maple leaf lawyer]

Vancouver, BC.

I'm a lawyer in Canada, and I am thinking of setting up a branch office in Seattle, to serve the Chinese Canadians who have gone to work there, and I would also like to immigrate, so I can be a dual citizen. I've always wanted to be both a citizen of the US and Canada, and this is my chance.

Immigration law as I understand it requires me to be physically present in the US for five years before I can apply. My problem is that, for now, I am still needed back in my offices in the Greater Vancouver region, and I need to continue working there until my Washington state business is built up. So I am thinking of living in the US, and hopping across the border to do my days work, and then returning in the evening and weekends. If I live and sleep in WA during the day, and I spend part of the day in Canada, am I considered "physically present" in the US for that day?

BTW, I also want to take the Washington state bar, so can someone recommend a good text on US constitutional law?

 

[ImmigAttyLana]

It's being in the US for 5 years AS A PERMANENT RESIDENT that would qualify you for US citizenship. Just merely living in the US DOES NOT! In order to become a US permanent resident, you need to be sponsored for permanent residence either on the basis of employment or through qualifying family members.

Please let me know if you have any additional questions or how I can beof further assistance to you in this matter.

 

[maple leaf lawyer]

I thought being on an H1-B would start the clock ticking. But, if I do get my green card, do I have to be physically present THE WHOLE DAY? IOW, 24 hours?

 

[ImmigAttyLana]

First of all, the time in H-1B does NOT count toward the 5 years for US citizenship; you MUST be a permanent resident for 5 years of which at least one half of that time you have to be physically present in the US. It is not really just a matter where you sleep at night but your INTENT. If there is no showing of intent that you reside in the US on a permanent basis then you will have a hard time proving that you are eligible for US citizenship.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[maple leaf lawyer]

That I can easily prove, because I do INTEND to set up my practise in the US. In fact, if my office system works, I intend to set up others in California and New York, to serve the Chinese markets there.

But, assuming I prove intent, would I still have to stay in Seattle 24 hours?

PS I was told that, to immigrate, I should get my H1B first and then get a green card, but maybe my information was wrong. How should I go about it?

 

[evcalyptos]

That I can easily prove, because I do INTEND to set up my practise in the US. In fact, if my office system works, I intend to set up others in California and New York, to serve the Chinese markets there.

But, assuming I prove intent, would I still have to stay in Seattle 24 hours?

PS I was told that, to immigrate, I should get my H1B first and then get a green card, but maybe my information was wrong. How should I go about it?

Start with Step One.
Who (what organization) is going to sponsor your for an H-1B?

Have you read up on TN visas (you may qualify).

You can not spontaneously decide to immigrate to the US without some basis: work sponsorship (US firm or int'l firm with a branch office) or a family relationship etc.

 

[ImmigAttyLana]

You are not physically present if you are not physically present for the entire day. If you have going back and forth every day, then you are in both places every day. There is really no getting around it. By the time you get your permanent resident status, which is when the 5 years starts, you should be firmly established to the point where you know that you are either here or there and that should not be an issue by then.

 

[maple leaf lawyer]

I am thinking of starting a law firm in Seattle, so, from that point, how do I my worker's status? If I'm say I'm Mexican, will that give me amnesty? Just kidding!

 

[evcalyptos]

I am thinking of starting a law firm in Seattle, so, from that point, how do I my worker's status?

You get in line with every other wannabe, sorry to say.

http://britishexpats.com/wiki/Pulaski's_Ways:_How_to_Live_and_Work_in_the_USA

(5)You own or buy business (does not get you permanent resident status i.e. no green card)You must be a national of a qualifying Treaty countries
The business must have a minimum value of around $150k (more the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $450k would be a nearer minimum

(6)You are an "investor" i.e. you have at least US $1m in assets to bring with you. half of that in a few areas. And your background will be investigated to the hilt.

 

[maple leaf lawyer]

I can start a business, and, with my law offices here, easily subsidize the Seattle one until it pans out. So how would I go about it and get my green card? The sums you mentioned is no issue.

BTW, I'm thinking of this because I want to cash in on the Canadian Chinese who have moved there, so can anyone tell me about the Chinese legal market there?

 

[ImmigAttyLana]

You CANNOT sponsor yourself for a green card on the basis of the treaty investor visa such as E-2. You would have to invest at least $1M dollars AND create at least 10 jobs for US workers in order to qualify for a EB-5 green card as an entrepreneur. Is that still doable for you?

 

[evcalyptos]

BTW, I'm thinking of this because I want to cash in on the Canadian Chinese who have moved there, so can anyone tell me about the Chinese legal market there?

Excellent. I actually live and work in the Pacific NW. My business consulting rate is considerably higher than my immigration-help-is-fun rate.

 

[maple leaf lawyer]

You CANNOT sponsor yourself for a green card on the basis of the treaty investor visa such as E-2. You would have to invest at least $1M dollars AND create at least 10 jobs for US workers in order to qualify for a EB-5 green card as an entrepreneur. Is that still doable for you?

No, though I think I can create that ten jobs in the near future. But my goal is to start a law firm in Seattle, and maybe in California and New York, and I want to start in Seattle. What about E-2B, professionals? I thought I would qualify.

Worst comes to worst, I'll come in as H-1B. Would that be a problem?

Euc, how does the Chinese market in Seattle compare to that in Greater Vancouver?

 

[ImmigAttyLana]

You can come in on a H-1B but you cannot self-sponsor for a green card. YOu either need a sponsor for that OR you would need to invest the $1M and create the 10 job within 2 years. I don't know what is E-2B (that does not exist; you must be mistaking that for something else). As I noted before, if you are talking about the treaty investor visa E2, you would qualify but it does not give you a green card; it is a nonimmigrant visa that can keep getting extended as long as you maintain the business but it does not lead to a green card ever. As for the market in Seattle, I have absolutely no idea about that since I handle immigration law only and handle it nationwide.

What type of law do you intend to practice and are you admitted in all the jurisdictions where you want to open an office?

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[maple leaf lawyer]

I got this web page - I have thought I can immigrate as a professional.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCRD